This bill amends the "Local Lands and Buildings Law" and the "Eminent Domain Act of 1971" to require municipalities to explicitly state the particular use intended for any property they seek to acquire through eminent domain. Specifically, it mandates that any ordinance authorizing the acquisition must specify the exact public use or uses for which the property is being acquired, rather than allowing for a general statement of public use. This change addresses a recent New Jersey Supreme Court ruling which indicated that municipalities were not previously required to provide such specificity in their ordinances.
Additionally, the bill includes various technical corrections and clarifications to existing law. It reinforces the need for municipalities to comply with lawful conditions, restrictions, or limitations regarding property use and outlines the process for converting acquired property to other public uses if it becomes unsuitable for its original purpose. Overall, the legislation aims to enhance transparency and accountability in the use of eminent domain by ensuring that municipalities clearly define their intended use for acquired properties.
Statutes affected: Introduced: 40A:12-5